(a)Parties assigned to mediation. – Within five days of receiving the abbreviated premediation screening report the court shall enter an order assigning a mediator to parties recommended for mediation. The assignment order shall (1) set the mediation fees in accord with the approved sliding scale; (2) require the mediator to contact the parties and arrange for mediation to begin by a date certain; (3) require that parties subject to court-ordered mediation discuss only matters relating to the development of a parenting plan; (4) set the next hearing date; (5) set the date all mediation related to the development of a parenting plan shall be completed the date should be within 45 days of the assignment order or before the next hearing date, whichever is sooner; (6) direct that each party be provided a copy of the approved mediation process document; and (7) notify the parties they are required to read that document or have it read to them, sign the acknowledgment, and bring the acknowledged document to the first mediation session. The assignment order shall not order the parties to discuss matters related to distribution of property, spousal support, child support (other than the effect of the parenting plan on the choice of child support formula) or any other financial matters. (b)Subsequent mediation for parties assigned to mediation. – Once a parenting plan or a partial parenting plan has been presented to the court, or the court-appointed mediator notifies the court that the parties have failed through mediation to develop a parenting plan, the parties may, of their own accord, attend subsequent mediation sessions related to the distribution of property, spousal support, child support or other financial matters. The parties shall select their own mediator. That mediator shall not be subject to the Supreme Court’s approved sliding fee scale for mediators. (c)Parties screened out of mediation. – If the abbreviated premediation screening report reveals the existence of any of the elements listed in W. Va. Code, ยง 48-9-202(b), and/or recommends that the screened parties should not be required to mediate, the court shall dispense with mediation; but as provided in section 202(b), the court may consider alternatives which may aid the parties in establishing a parenting plan. The court shall not order the parties to participate in any alternative which is not conveniently available and affordable to the parties. If the court orders the parties’ participation in any such alternative it shall follow the premediation and mediation procedures and all time limits shall apply. If the court dispenses with mediation, within five days a scheduling order shall be entered and sent to the parties informing the parties that they have been screened out of mediation, and setting a date certain for the next hearing.
W. Va. R. Prac. & P. Fam. Ct. 40
Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005; and by order adoptedMay 22, 2007, effective July 1, 2007.
